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2025 Supreme(Ker) 3203

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
R.Santhosh Kumar – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri.Sreejith S. Nair, Shri.Sasthamangalam S. Ajithkumar (SR.), Sri.Satheesh Mohanan, Smt.Mahima
For the Respondent: Special Public Prosecutor Sri Rajesh.A For VACB, Senior Public Prosecutor Smt.Rekha.S For VACB.

ORDER :

A. Badharudeen, J.

Order dated 07.10.2025 in Crl.M.P.No.30 of 2022 in C.C.No.17 of 2021 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Thiruvananthapuram, is under challenge in this Criminal Revision Petition moved by the sole accused therein.

2. Heard the learned counsel for the revision petitioner/sole accused as well as the learned Public Prosecutor appearing for the VACB in detail. Perused the records and the order impugned.

3. The prosecution case is that the accused, who worked as an Office Attendant in the Transport Commissionerate, in the Regional Transport Offices at Thiruvananthapuram and Palakkad between 01.04.2009 and 13.05.2015, being a public servant, amassed wealth by corrupt and illegal means disproportionate to his known sources of income, calculated at 39.30%. As per the prosecution allegation, the asset he had as of now would come to Rs.38,49,854.11 and his savings was 20,55,791/-. Therefore, he had assets to the tune of Rs.17,94,062.19 (i.e, 39.30%). On this premise, the prosecution alleges that the accused committed offence punishable under Section 13 (1)(e) r/w 13(2) of the Prevention of Corruption Act, 1988 (`PC Act, 1988’ for sh

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